Privacy. Security. Experts United.
Privacy. Security. Experts United.
Robin Data GmbH, Fritz-Haber-Str. 9, 06217 Merseburg, Germany (hereinafter referred to as "Robin Data", "we" or "us") operates a data protection management platform (hereinafter referred to as the "Platform") primarily for data protectors and their customers at https://robin-data.io (hereinafter collectively referred to as our "Service").
1. Scope of the service
1.1 Robin Data enables its contractual partners (hereinafter referred to as "Contractual Partners") to use the Platform and to make use of the Service, provided that the Contractual Partners can provide sufficient technical and organisational possibilities for this purpose.
2. Obligations of Robin Data and information on the functions of the Service
2.2 Contractual partners have the possibility to individualise the company profile on the platform.
2.3 Users have the possibility to individualise their user profile created during registration.
2.4 The contractual partners and their individual users have the possibility to operate a digital data protection management by using the forms, templates and completion aids provided on the platform and by adding documents.
2.5 The Contractual Partner's administrative account is able to set up a role and rights concept on the platform for this purpose.
2.6 Contractual partners who act as company data protection officers for various companies have the possibility to switch between the companies they are working with by using the DSB Cockpit without having to log in again.
2.7 Contractual partners have the option of having the technically prescribed reports automatically generated from the data protection management information stored.
3. Further development of the service
4. Duties of the user
4.1 The User may not transmit any personal data (i.e. data that enables the identification of a person) to Robin Data, unless the data protection regulations permit such a transmission or the contractual partner has received the consent of the person concerned.
4.2 During the term of this Agreement, the User will not take any action or provide any assistance that will result in any employee of Robin Data or any of its affiliates terminating their employment with Robin Data. This shall apply to the extent permitted under Section 75 of the German Commercial Code (Handelsgesetzbuch, HGB).
4.3 Robin Data does not verify the information provided by the User.
4.4 The user is obliged to comply with all applicable laws, in particular the provisions of the German Penal Code. Furthermore, they must ensure that their use of the Service does not violate any rights of third parties. In accordance with the statutory provisions, the User further assures that they will not provide any immoral or illegal content via the Service. This includes in particular all content (including member names etc.),
4.5 All access data made available to the user must be kept strictly confidential by the user. If it is suspected or certain that access data has come into the possession of unauthorised third parties, Robin Data must be informed immediately.
4.6 If there is a suspicion of a compromise of the Access Data, Robin Data is entitled, at its own discretion and without prior notice, to change the Access Data and deactivate the associated account. Robin Data will immediately inform the User and the contractual partner and, upon request, will immediately provide the User with the new Access Data. The User is not entitled to have the original Access Data restored.
4.7 The user is liable for all actions of third parties that are based on the unlawful use of access data of the contractual partner. In this case, any access with the access data of the contractual partner shall be deemed access by the contractual partner itself.
5. application specifications
5.1 The User shall refrain from using any devices, software or other means when using the Service which could interfere with the functions of the Service. The same applies to excessive use of technical access that could overload the technical capacities of Robin Data. Blocking of the content generated by Robin Data or changing or adapting it is also not permitted, unless expressly permitted in writing.
5.2 The user shall refrain from doing anything that could jeopardise the performance and availability of the service.
5.3 The use of the Service, including the connection to individual technical components, may only be made via the websites and apps provided by Robin Data. Any making available of the Service to other legal or natural persons outside of the contractual partner is not permitted, in particular by hosting, linking or otherwise providing direct or indirect access to the Service. Excluded from this are employees of the contractual partner.
5.4 The distribution of advertising via the Service by the User is prohibited.
5.5 The distribution of works protected by copyright, for whose specific type of distribution the user has not received authorisation from the rights holder, is prohibited.
6. principles of liability
6.1 The liability of Robin Data is limited to the terms of this Agreement and this clause 6. Except in case of willful misconduct or gross negligence, any liability of Robin Data is excluded. Any liability under the Product Liability Act is not excluded and exists within the statutory framework. The same applies in case of slight negligence of vicarious agents or assistants, with the exception of the following constellations:
7.1 An availability of at least 95 % on an annual average and excluding regular maintenance work as well as service failures due to force majeure shall be determined as a warranted quality of the service. Robin Data may restrict access to the Service if necessary for network security, maintenance of network integrity or prevention of serious malfunctions of the network, software or stored data.
8. intangible property rights/copyright
8.1 Robin Data holds the exclusive or granted rights to all content of the Service. Any unauthorized distribution, reproduction, deletion or other infringement of Robin Data's intellectual property rights and copyrights will be prosecuted under civil and criminal law.
9. duration of contract and termination
9.2 The term of the agreement corresponds to the duration of the existence of the user account.
10.1 The other party agrees that all information disclosed to it, including but not limited to business information, customer information, information about Robin Data employees, pricing information, is strictly confidential and may only be used for the purpose of participating in the Service. Excluded from this are those information that is shared with the contractual partner as defined in § 15 et seq. AktG.
10.2 The contractual partner and its possibly affiliated companies undertake to refrain from using the information made known to it in connection with the Service for any development of competing services or platforms. The same applies to the promotion of third-party developments.
10.3 The foregoing restriction shall not apply to Information that has been developed independently by the receiving Party without access to the other Party's Confidential Information, or that has been lawfully obtained by a third party, or that has been released in writing by the disclosing Party for disclosure, or that has become public, without the receiving Party having breached this Section, or where it is necessary to disclose the information to a competent legal or governmental authority, provided that the receiving Party notifies the disclosing Party in writing without undue delay before disclosure and assists the disclosing Party in obtaining an order protecting the information from disclosure.
11.1 These terms and conditions shall apply each time you log on to the Service, in its then current form.
11.3 In the event of an adjustment, Robin Data will inform the contractual partner and the Users with reasonable lead time. This can be done either by e-mail or in advance of a registration.
11.4 The contractual partner may object to changes to the agreement within a period of two weeks after first being informed of the intended change.
11.6 If the contracting party objects to the changes in due time, either party may extraordinarily terminate the agreement with a notice period of one month. Until termination, the contractual relationship between the contractual partner and Robin Data is subject to the previous version of the agreement. The contractual partner is not entitled to any further claims against Robin Data.
12. applicable law / legal venue
12.1 This agreement is subject to German law and must be interpreted accordingly. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), he irrevocably submits to the exclusive jurisdiction of the German courts in Merseburg for any claims, disputes or matters arising from or in connection with this agreement or its enforceability.
13. final provisions
13.1 If at any time in the future there is a change in the operator of the Service, whether through the acquisition of all or substantially all of Robin Data's assets or through a merger with a third party, the previous agreements including these Terms of Service will continue to apply. The other party may not assign or transfer this Agreement or any or all of its rights without the prior written consent of Robin Data. This Agreement shall be binding on the legal representatives, successors and assigns of the parties.
13.2 Changes, additions or the cancellation of the agreement (in whole or in part) must be made in writing (letter, fax or e-mail); the requirement of the written form can only be waived in writing.